Terms of Service

General Terms and Conditions with Customer Information 

• Scope of application, contractual partners and definition of terms

1. The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relations between Voltage Circus GmbH, represented by Managing Director Gernot Müller, Meister-Gerhard-Straße 8, 50674 Cologne, Germany, Tel: +49 (0) 221 – 16930460, Email: info@voltagecircus.com , Internet: https://voltagecircus.com/ (hereinafter referred to as “Contractor”) and the customers of the Contractor (hereinafter referred to as “Client”, jointly also as “Parties”).
2. These GTC apply in respect of both consumers and entrepreneurs unless a distinction is made in the relevant clause. According to sec. 13 of the BGB (German Civil Code) a consumer is every natural person who enters into a legal transaction for purposes that are predominantly outside his or her commercial or independent professional activities. According to sec. 14 of the BGB (German Civil Code) an entrepreneur is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its commercial or independent professional activities.
3. The GTC of the Contractor apply exclusively. If the Client uses contrary or supplementary general terms and conditions, their application is hereby rejected; they only become components of the contract if the Contractor has explicitly agreed to their validity.
4. For Clients who are entrepreneurs the following also applies: unless otherwise agreed between the parties these GTC also apply for the Client in the version valid at the time the Client is commissioned or in any case in the latest version notified to the Client in writing as a framework agreement also for future contracts of a similar nature, without the Contractor having to refer to them against specifically in each individual case. Framework agreements concluded individually in specific cases or other contracts with the Client (including side agreements, additions and alterations) always take precedence and are merely supplemented by these GTC.

• Subject-matter of the contract

1. The Contractor performs consulting and supporting services in the field of online marketing (hereinafter referred to as “services”).
2. The Contractor also offers the Client services in the field of online advertising. In the course of performing services the Contractor establishes suitable keywords and/or targeting measures and advertising assets (e.g. advertising videos or graphics) which are decisive for the appearance of the online adverts and compiles these into keyword lists or email briefings for the various online advertising campaigns of the Client. The keywords and keyword lists, targeting measures and/or advertising assets are continually checked and optimised by the Contractor as regards their efficiency.
3. These GTC also apply for all contracts concerning participation in online events (hereinafter referred to as “events”) of the Contractor which the Client concludes with the Contractor for the events presented in the Contractor’s offer.
4. For contracts concerning provision of digital content of the Contractor these GTC apply correspondingly unless expressly provided otherwise in these GTC or otherwise agreed between the parties. Digital content within the meaning of these GTC is data created and provided in digital form. The Contractor provides the Client with the digital content (e.g. software, video and audio content, online video courses, teaching content, e-books) in electronic form or as continuous data transmission (hereinafter referred to as “streaming”) and grants the Client utilisation rights in line with the detailed provisions in clause 13. of these GTC.
5. Unless otherwise agreed between the parties, responsibility for project management and the success of the project lies with the Client.

• Services and duties of the Contractor 

1. The actual performance obligation, the content and scope of the services to be performed by the Contractor are derived exclusively from the content of the offer in accordance with all the information and explanations contained therein. 
2. The online events offered by the Contractor take place exclusively in electronic form by way of online video conferences using appropriate technical equipment. For this, the Client requires, in particular, a suitable terminal and access to the Internet as well as application software. The Client can find the system requirements for participation in an online event in the relevant service description in the Contractor’s online tool. The Client himself is responsible for ensuring the necessary system requirements. Any liability on the part of the Contractor for the absence of technical system requirements or for any defect in these at the Client’s premises is excluded.
3. The digital content offered by the Contractor in line with clause 2.4. is provided exclusively in electronic form using the appropriate technical equipment. For this the Client requires, in particular, a suitable terminal and access to the Internet as well as application software. The Client can find the system requirements for retrieval of digital content in the relevant service description in the Contractor’s offer. The Client himself is responsible for ensuring the necessary system requirements. Any liability on the part of the Contractor for the absence of technical system requirements or for any defect in these at the Client’s premises is excluded.
4. The Contractor is categorically not entitled to act as a representative of the Client towards third parties, particularly not to conduct negotiations or give declarations of intent with effect for or against the Client. Exceptions require the prior written consent of the Client.
5. The Contractor shall provide the services with the greatest care and conscientiousness in line with the latest standards of technology. However, the Contractor does not owe a particular result in the case of services provided in line with secs. 611 et seq. of the BGB (German Civil Code). In particular, the Contractor gives no guarantee that the Client will achieve a specific result or that the Client will achieve a specific performance goal. This depends not least upon the personal commitment and will of the Client, over which the Contractor has no influence. Legal or accounting advice is not a component of this contract.
6. The Contractor is obliged to provide the services owed in line with the contract. However, in performing its activities the Contractor is not bound by any instructions with regard to the manner in which the services are performed, the location where the services are provided or the timing of service performance. However, the Contractor itself shall ensure in the allocation of working days and the scheduling of work on these days that ideal efficiency is achieved in its work and in the realisation of the contractual purpose by the Contractor. The performance of services by the Contractor shall be done only in consultation and coordination with the Client.
7. The Contractor is to inform the Client in writing immediately if it recognises or should have recognised obstacles or impairments which could have an effect on service provision.

• Services and duties of the Contractor 

1. For the services stated in clause 2.2. of these GTC in the field of online advertising, the Contractor is obliged to make prudent efforts to ensure optimal placement of adverts with Internet media services (e.g. Google Ads, Facebook Ads, Instagram Ads) taking competent account of known business information about the Client and the known parameters of the Internet services relevant to the appearance of adverts and their placement. However, the Contractor does not owe a specific result for the appearance of adverts and their placement since this is in the end dependent on the algorithms of the relevant Internet service which are not in the public domain.
2. The Contractor creates the text and headlines of the adverts and targets the advertising campaigns for the Internet services. The Contractor commissions the advertising campaigns with the Internet services in the name and for the account of the Client.
3. The Contractor is to keep the Client regularly informed regarding the success of the advertising campaigns.
4. The Contractor is not obliged to check the legality of the advertising campaigns and keywords created; this is the sole responsibility of the Client. The Contractor will however avoid generally known and obvious legal violations, such as the use of known trademarks as keywords. 
5. If an ad is retrievable on the basis of a legally infringing keyword, which is possible, e.g. on the Internet service Google Ads even if this keyword has not been booked (for instance in the case of keyword options “broad match” or “phrase”), the Contractor will exclude the relevant keyword from the online advertising campaign immediately after becoming aware of this (during standard business hours). The Client is obliged to inform the Contractor in text form immediately of any possible legal infringement as soon as the Client in turn becomes aware of this, e.g. by notification from the owner of the rights.

• Staff and subcontractors of the Contractor

1. The Contractor has free choice as regards the staff deployed to provide the services to be performed. The Contractor is responsible for the prudent selection, adequate qualification and regular supervision of the staff deployed. If the persons deployed by the Contractor are named to the Client this corresponds to the current state of planning. There is no right to deployment of specific persons. The Contractor will however endeavour to ensure consistent deployment of the named persons, subject to substitution with advance notification in good time. The Client is to inform the Contractor immediately in written form in the case that persons deployed are unqualified or there are other grounds for unacceptability. The Contractor alone is entitled to issue instructions to the staff deployed, specifically also in the premises of the Client. Both parties are to take appropriate measures to prevent staff leasing.
2. The Contractor is entitled to call in affiliated companies within the meaning of secs. 15 et seq. of the AktG (German Stock Corporation Act) or third parties as subcontractors to provide the services to be performed.

• Contractual conclusion and contractual language 

1. Offers by the Contractor are without obligation and non-binding. Before passing on offers and/or other documentation to third parties, the Client must obtain explicit written consent from the Contractor.
2. The ordering of services pre-selected by the Client represents a binding offer to conclude a contract. Unless otherwise indicated in the order, the Contractor is entitled to accept the contractual offer of the Client within seven (7) days.
3. Acceptance occurs either

• when the Contractor sends the Client a declaration of acceptance (e.g. by way of order confirmation) in written or text form (e.g. by post or email), whereby receipt of the declaration of acceptance by the Client is decisive, or
• when the Contractor requests payment from the Client after issue of the order, or 
• when the Contractor commences performance of the services ordered at the request of the Client and informs the Client of this.

If more than one of the above alternatives apply, the contract comes into existence at the time the first of the above alternatives is fulfilled. The period for acceptance of the offer begins on the day after the offer is sent by the Client and ends upon expiry of the time limit stated above in clause 6.2, which follows the sending of the offer. If the Contractor does not accept the offer of the Client within the above-mentioned time limit, this is deemed rejection of the offer with the result that the Client is no longer bound by his declaration of intent.

1. The contract is concluded in German and English.
2. If the Client is an entrepreneur the following applies in addition: if the parties have agreed special conditions these categorically do not apply for other concurrent or future contractual relationships with the Client.

• Contractual conclusion in the case of digital content and contractual language 

1. The Client can send the Contractor a non-binding enquiry concerning issue of an offer by telephone, email or via the dedicated online contact form on the Contractor’s website. 
2. The Client will receive from the Contractor upon his enquiry in written form (e.g. by email) a non-binding offer in written form (e.g. by email) with a link to the services previously selected by the Client. By clicking the link, the Client will get to an order summary.
3. By clicking the button to complete the order process the Client issues a legally binding contractual offer for the services stated in the order summary. The Client can correct his entries at any time using the standard keyboard and mouse functions before submitting his legally binding booking.
4. A contract between the contractual parties is only created if the Contractor accepts the contractual offer of the Client within five (5) days

• by sending the Client a declaration of acceptance (e.g. by order confirmation) in written or text form (e.g. by letter or email) and the point at which the declaration of acceptance is received by the Client is decisive, or

• by providing the Client with the digital content, or
• by completing the payment transaction through the payment service provider selected by the Client in his legally binding offer. In this case the time of contractual conclusion depends on the payment method selected in line with clause 10.6. 

If more than one of the above alternatives apply, the alternative fulfilled first is decisive for contractual conclusion. The period for acceptance of the offer begins on the day after the offer is sent by the Contractor. The period ends upon expiry of the time limit stated above in clause 7.4. If the Contractor does not accept the offer of the Client within the above-mentioned time limit, this is deemed rejection of the offer and the Client is no longer bound by his declaration of intent.

1. The Contractor stores the contractual text including the GTC upon contractual conclusion observing data protection and sends this to the Client in written or text form (by letter or email) after the Client submits his order. The contractual text is not made available by the Contractor in any other way.
2. The Client must ensure that the email address given by him for order settlement is correct so that emails sent by the Contractor to this address can be received. In particular, the Client must ensure if using SPAM filters that all emails sent by the Contractor or third parties commissioned by the Contractor for order settlement can be received.
3. In all other respects clauses 6.4. and 6.5. of these GTC apply correspondingly.

• Cancellation right

As a consumer the Client has a fourteen-day cancellation right under statutory provisions. Further information on the cancellation right can be found in the Contractor’s cancellation notice.

• Cooperation duties of the Client

1. The Client shall support the Contractor in providing the contractually owed services by reasonable cooperative acts. As well as the cooperative acts explicitly stated, the Client shall also perform such cooperative acts as are necessary and customary for contractual service provision by the Contractor and shall in particular:

• provide the Contractor with all necessary information and data
• grant the Contractor access to his IT systems and user accounts

if these services do not fall within the scope of duties to be provided by the Contractor under the contract.

1. If the Client provides the Contractor with information and data for use by the Contractor, he offers an assurance that he is entitled to hand over and utilise this information and data. The Contractor is not obliged to check the content of information provided by the Client, in particular not as regards its suitability to achieve the purpose pursued with the services to be provided. In addition, the Client offers an assurance that he is the holder of all the rights necessary for contractual use, in particular, that he holds all necessary copyrights, trademarks, patents, ancillary copyrights, personality rights and other rights and can assign these to the Contractor for the purpose of contractual fulfilment, specifically in terms of time, place and content, to the extent necessary to fulfil the contract. The Client indemnifies the Contractor to this extent against claims that third parties could assert against the Contractor in connection with a violation of rights. In this respect the Client shall also assume the reasonable costs of the necessary legal defence, including all court and lawyer costs in line with statutory fee schedules. This does not apply if the Client is not responsible for the legal violation. In the case of a claim asserted by a third party, the Client is obliged to provide the Contractor with all information necessary to examine the claims and mount a defence immediately, truthfully and in full.
2. If cooperation duties are owed and the necessary details have not already been contractually agreed, then the Contractor shall request these services from the Client with a reasonable advance notice period in written form stating the necessary framework conditions. The Contractor is to notify the Client immediately in written form of any cooperation duties considered inadequate.
3. Unless alternative agreements are concluded in specific cases, all cooperation duties are to be performed for the Contractor free of charge.
4. The cooperation duties to be performed by the Client represent real obligations and not mere responsibilities. If and to the extent that the Client does not perform the cooperation duties owed by him or does not perform them in good time or as agreed and this has consequences upon the service performance of the Contractor, then the Contractor is released from its obligation to provide the affected services. The corresponding time limits for performance by the Contractor are deferred by a reasonable time period. Evidenced additional expenses arising to the Contractor are to be reimbursed separately notwithstanding the further rights of the Contractor on the basis of the agreed conditions.
5. The Contractor retains the right to refuse an order for processing work from the Client if this latter provides the Contractor with content which violates statutory or public authority bans or common decency. There is a violation in particular if the Client provides content which is unconstitutional, racist, xenophobic, discriminatory, insulting, dangerous to young persons and/or glorifies violence.
6. If the Client fails to comply with his above-mentioned cooperation duties and if, for this reason, the Contractor is unable to perform its services in full or in part within the agreed time period, then the agreed time period shall be extended accordingly.
7. The Client shall appoint a contact person (“project manager”) and a deputy as fixed contacts for all matters related to the project. These persons should be enabled to either make all decisions relating to the project themselves or to instigate such decisions at short notice. The Client shall also provide any employees whose special skills are necessary for realisation of the project.

• Payment and payment conditions 

1. The services of the Contractor are settled on the basis of time and materials. Unless otherwise indicated in the Contractor’s offer, the prices stated are overall prices.
1. If the Client is a consumer the price stated is to be understood in EURO and is a gross price including VAT at the statutory rate valid on the date of invoicing.
2. If the Client is an entrepreneur the price stated is to be understood in EURO and is a net price subject to addition of VAT at the statutory rate valid of the date of invoicing.
2. Payment is due without deduction seven (7) days after receipt of a proper and verifiable invoice. For timely payment the date of receipt of the invoiced amount in the business account of the Contractor is decisive.
3. The payment settles all payment claims of the Contractor in connection with provision of services under the contract, in particular the provision of work effort and the granting of rights in accordance with clause 11. of this contract.
4. In addition, the Contractor is entitled to reimbursement of necessary and evidenced expenses for provision of the services, including travel costs. The standard travel cost guidelines of the Client are applicable for establishment of the level of reimbursement for travel costs, provided the Contractor was made aware of this in advance. 
5. If so agreed between the parties, the services provided and expenses incurred will be invoiced monthly in arrears. 
6. The price and reimbursement of expenses are payable net without deduction 7 days after receipt of a corresponding proper and verifiable invoice. For timely payment the date of receipt of the invoiced amount in the business account of the Contractor is decisive.
7. Besides the payment method of invoice, the Client can choose to pay using any of the payment methods below:
1. If the payment method “credit card” is selected, the Client sends his credit card details to the Contractor after confirmation of the payment request. Immediately after the Client is legitimised as the rightful cardholder, the Contractor requests the credit card company of the Contractor to initiate the payment transaction and the Client’s credit card is charged.
2. If the payment method “PayPal” is selected, settlement is done via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, and the PayPal conditions of use displayed under the link https://www.paypal.com/de/webapps/mpp/ua/useragreement-full apply. If the Client does not have a PayPal account the conditions for payment without a PayPal account apply, which can be displayed under the link https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
3. If the payment method “SOFORT by Klarna” is selected, settlement is done via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “Sofort”). The Client must have an active online banking account with PIN/TAN function and legitimise payment with his payment data in order to be able to pay the invoiced amount via Sofort. The payment transaction is carried out automatically by Sofort and the account stated by the Client is charged. The Client is provided with additional information during the order process and under www.klarna.com/sofort/ or www.sofort.de
4. If the payment method “payment in advance by bank transfer” is selected then payment is due immediately after contractual conclusion, unless the parties have agreed a later due date. 
5. If the payment method selected is payment by instalments via CopeCart, settlement is done via the payment service provider CopeCart GmbH, Ufnaustraße 10, 10553 Berlin, Germany (hereinafter referred to as “CopeCart”). The Contractor assigns its payment claim to CopeCart. The Client is informed which CopeCart payment methods are offered by the Contractor on the Contractor’s website (order summary). The Client can only make payment with debt-discharging effect to CopeCart. The Contractor remains responsible for general customer enquiries (e.g. complaints, cancellation or credits). The Client can find further information in the standard payment conditions of CopeCart under the link https://www.copecart.com/de/agb-customers.
8. For Clients who are consumers the statutory provisions on payment default apply. The Contractor retains the right to claim further default damages. The Contractor is entitled to claim reminder costs at the fixed rate of EUR 1.00. The Client remains entitled to show no or lesser costs were incurred.
9. For Clients who are entrepreneurs the following applies: upon expiry of the above-mentioned payment period the Client is in default. The outstanding payment is subject to the addition of default interest during the period of default at the statutory rate applicable at any given time. The Contractor retains the right to claim additional default damages (e.g. reasonable costs of necessary legal defence, including all court and lawyer fees, costs of default action or debt collection). In respect of merchants the Contractor’s claim to the commercial default interest remains unaffected (sec. 353 of the HGB [German Commercial Code]). In the case of overdue claims, payments received from the Client will first be set off against any costs and interest and then against the oldest claim. The Contractor is entitled to claim reminder costs at the fixed rate of EUR 5.00. The Client remains entitled to prove that no or lower costs were incurred.
10. The Client is only entitled to set-off rights if his counterclaims are legally established or undisputedly mutually linked to the main claim of the Contractor or are acknowledged by the Contractor.
11. Any right of retention for the Client is excluded unless the Client’s counterclaim originates from the same contractual relationship and is undisputed or legally established. Assertion of this right requires that the Contractor is notified in writing.
12. If it becomes clear after conclusion of the contract (e.g. through an application to commence insolvency proceedings) that the Contractor’s claim to payment is at risk due to an inability to pay on the part of the Client, then the Contractor is entitled under statutory provisions to refuse performance and – if applicable after a notice period – to rescind the contract (sec. 321 of the BGB [German Civil Code]).

• Granting of rights

1. “Work results” are all documentation created through the activity of the Contractor within the scope of this contract, in particular documents and/or reports on performance.
2. Upon full payment of the price due the Client receives a non-transferable, simple right, unrestricted in terms of place and time, to utilise the work results developed by the Contractor for his own internal purposes. This also includes utilisation by third parties for the Client, for instance other service providers. The above-mentioned granting of rights applies correspondingly for unknown types of use.
3. The utilisation rights in line with clause 11.2 also include a right to use work results for enterprises affiliated with the Client.

• Granting of utilisation rights for event and teaching materials 

1. The Contractor retains all copyrights and utilisation rights for event and teaching materials required to carry out the event which are provided to the Client (hereinafter referred to as “teaching content”).
2. Any teaching content provided may be used by the Client exclusively for his own internal purposes.
3. Any teaching content provided may be used by the Client exclusively for private purposes.
4. All rights, particularly rights to pass on, distribute, copy or make publicly available the teaching content or to make partial or full audio or video recordings of the event, require the written consent of the Contractor.
5. When booking online events the Client will be provided with the necessary teaching content exclusively in electronic form by email or to download. The Client has no right to receive the teaching content in physical form, unless otherwise agreed between the parties.

• Liability for defects, provision and granting of utilisation rights in the case of digital content 

1. The statutory provisions on liability for defects apply to the digital content.
2. The Client will be provided with digital content exclusively in electronic form in the customer account (provided the Client has set up a customer account) unless otherwise agreed between the parties.
3. The digital content will be provided to the Client for a period of 24 months after purchase. Access to the digital content provided ends automatically after 24 months. The Client will be informed of the expiry of access explicitly with a reasonable notice period.
4. The Contractor can update and further develop the digital content at any time and in particular make adaptations on account of changes in the legal situation or technical developments. In this process, the Contractor will take appropriate account of the justified interests of the Client and inform the Client in good time of necessary updates. In the case of a significant impairment of the justified interests of the Client, this latter is entitled to an extraordinary right of cancellation.
5. Unless otherwise agreed between the parties or unless different regulations result from the service description of the Contractor, the Contractor grants the Client a simple right, unrestricted in terms of place and time, to use the digital content provided within the scope of the contractually agreed purpose. The passing on of the digital content or copying thereof and the granting of utilisation rights to third parties requires the prior written consent of the Contractor. If the contract relates to the one-off provision of digital content then the granting of utilisation rights only takes effect once the Client has paid the contractually owed price in full. If so agreed between the parties, the Contractor can grant the Client provisional use of the digital content before full payment of the price. No assignment of the rights takes place through a provisional granting of rights by the Contractor. 

• Liability for damage

1. In respect of the services provided by the Contractor, this latter, its legal representatives and vicarious agents are unrestrictedly liable in the case of:

• deliberate acts or gross negligence;
• deliberate or negligent damage to life, limb or health;
• guarantees, if so agreed between the parties;
• to the extent that the scope of application of the German Product Liability Act (ProdHaftG) is affected.

1. In the case of a violation of essential contractual obligations the Contractor’s liability is limited to the foreseeable damage typical for this type of contract, unless there is unrestricted liability in line with clause 14.1. Essential contractual obligations are those which are imposed upon the Contractor under the content of the contract for achievement of the contractual purpose, the fulfilment of which is what actually enables proper fulfilment of the contract and upon whose fulfilment the Client is generally entitled to rely (known as cardinal obligations).
2. In all other respects liability on the part of the Contractor is excluded. 

• Confidentiality and data protection

1. The parties are obliged to treat all business secrets made available to them within the scope of this contract and all other information of the other party described or labelled confidential (hereinafter referred to as “confidential information”) as confidential and maintain confidentiality and not disclose or pass on to third parties or otherwise use this unless the parties are obliged by statute or on the basis of existing or legally valid public authority rulings or court judgments to reveal the confidential information. The obligation to maintain confidentiality also applies to all salaried employees, (freelance) workers and third parties to whom confidential information of the parties is passed on or disclosed.
2. The Contractor is entitled to use empirical knowledge (e.g. ideas, concepts, methods and expertise), developed or disclosed in the course of contractual performance and stored in the memory of the Contractor or the staff deployed by the Contractor for performance of the contract. This does not apply in the case of a threatened infringement of commercial protective rights or copyrights of the Client. The obligation to maintain confidentiality remains unaffected by this.
3. The parties must comply with any data protection legislation applicable to them.
4. If and to the extent that the Contractor processes personal data of the Client on his behalf in the course of service provision, the parties are obliged to conclude a standard market agreement on data processing on behalf of others in line with Article 28 of the GDPR before processing commences.

• Headhunting of employees and subcontractors

The Client is obliged not to headhunt qualified employees and/or subcontractors of the Contractor during the term of the contract, and in the case that the contractual relationship between the Contractor and a qualified member of staff ends for whatever legal reason, not to employ the relevant person until the expiry of twelve (12) months after the end of this contractual relationship, unless the Contractor induced the ending or consented to this in advance in writing in the particular case (sec. 126 (1) of the BGB [German Civil Code]).

• Acts of God

The Contractor is not liable in case of acts of God. Acts of God include all events unforeseeable and unavoidable upon contractual conclusion and events which, even if they had been foreseeable, would have been outside the sphere of influence of the parties. In the case of acts of God affecting contractual completion the Contractor is entitled to interrupt provision of services depending on the scope and duration of the act of God and, in the case of longer-term disruptions, to rescind the contract partly or completely without this enabling any compensation claims to be brought against the Contractor. For the duration of the justified interruption of service provision the Contractor is not in default. Any statutory claims of the Client remain unaffected.

• Alternative dispute resolution

1. For Clients who are consumers the following regulations apply. The EU Commission provides an Internet platform for online dispute resolution under the following link: ec.europa.eu/consumers/odr. This platform serves as a contact point for extrajudicial resolution of disputes arising out of contracts for online purchases or services in which a consumer is involved.
2. The Contractor is not obliged and not prepared to participate in dispute resolution proceedings before a consumer arbitration body / universal arbitration body.

• Final provisions

1. If the Client is an entrepreneur, the following applies in addition: the assignment by the Client of claims arising out of the contract concluded between the parties, in particular the assignment of any defect claims, is excluded.
2. For all legal relations between the parties the law of the Federal Republic of Germany applies under exclusion of international uniform regulations, in particular the UN Convention on the International Sale of Goods. For consumers this choice of law only applies to the extent that protection granted under compulsory legal provisions of the state in which the consumer has his habitual residence is not withdrawn.
3. If the Client is a merchant within the meaning of the HGB (German Commercial Code), an entrepreneur within the meaning of sec. 14 of the BGB (German Civil Code), a legal entity under public law or a special fund under public law then the sole – also international – place of jurisdiction for all disputes arising out of the contractual relationship is the business seat of the Contractor. The Contractor is in all cases also entitled to file a claim at the place of fulfilment of the performance obligation under these GTC or under an individual agreement that takes precedence or at the general place of jurisdiction of the Client. Statutory provisions that take precedence, particularly regarding exclusive responsibilities, remain unaffected.

Valid from: 27 September 2022